The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1887-11-01

1t is essential that jury should be unbiased I'M
preudiced and inn artial and that 1t should not be
Mr.. Tucker then asserted that the jury law
of the state of Illinois was unconstitutional
in that it provided that the forming of an
opinion from reports or from newspaper ac-
counts of a certain transaction should not nee
essarily disqualify person having such an
opinion from sitting in Judgment on that
transaction as juror, Even although a law
might seem to be fair and Just, If by COnstruc-
ton and administration it were made to deny
to the prisoners the right of trial by fair and
impartial jury, then such construction and adj
ministration constituted law and made
it unconstitutional Turning to an
other question raised which, he
said, was n new one in this court, he quoted
the second clause of the 14th amendment to
the effect that
No state shall make or enforce any law which
shall abrdge the privileges or mmunites of citi-
zens of the United States.
Among the privileges and immunities thus
guaranteed by the l1th amendment, were, he
COntended, those set forth i'll the first ten
amendments to the federal constitution, such
as ''the rights of citizens to secure their per-
sons, houses, papers and effects against I'M
reasonable searches and seizures, Fourth
amendment and the immunity designated in
! clause of the fifth amendment which provides
| that no person shall be compelled in any GRIM
| inal case to be witness against himself"
! 1t was his belief that unless the privi-
| legoS and mmunities set forth in the first ten
| amendments We're specifically said i'll terms to
/ be merely limitations of federal powers, they
| were privileges and immunities which came
! within puryiew of the fourteenth amendment
and were guaranteed by it..
Justice Field-Fheu you would bring all
/ questions TO this court. l cannot conceive of
! any question which cannot be brought here if
! tho fourteenth amendment makes the "privi-
| lege and immuniues' to which il refers include
all those OF the first ten amendments.
Mr.. Tucker said he would admit that it was
anew question, but that he should like to ar
| que it.
Turning to the action and rulings of the trial
court MIR Tucker said that the defense were
driven TO percmptory challenges in order to ex-
clude jurors who should have been rejected for
cause. and that thereby there was limitation
of right of peremptory challongeswhich this
court has held TO be one of the highest priyi-
legeS OF the prisoner.
Tho last four Jurors" said Tucker, ''were
put upon us after our peremptory challenges
had been exhausted. In one case we objected
distinctly upon the ground that the ruling OF
the court was in violation of the constitution. -
In conclusion Mr.. Tucker said
We have th2 right. in my ia lgmcnt, to the writ tc
% heard ON NE question whether the constitution
has ee2n violated in order 10 compass the couvic-
ton of these men, II true they are said to he an
archlsiS lthe court asks me whether have any
Sympathy with them, have only TO say that the
court knows me too we'll 10 suppose that have sym
EiW with these mn Apply and misguided men.
hUl lhvN any men, and they are entitled 70 the same
lN"le IL n thni am. The same constitute Il covers
o, al- l ask the court 20 incrpose lis shield
oNd moe lie men. because | may need il
y. t,I SAeW mo "hatchy ABROAD IN TINS l1nd
Nh. N TIE American people need fear except an
a'chy in thc aiwuis,rton OF Justice. fear that
anHrtN Which dou> the crnine Of Justice ana al
lA.,i>Sts ,Eheh Law 10 violation oi the supreme law
70, 'hy land. Ma,.hcr ,he pri> mrs point can bt
sustained. is question you can ONLY decide, after
au examination ot She re 'oy1 and hearing. STRIKE
atc Won hear hut DON'T strike before You ear.
ifJy tNt ttc conn, WiN, therefore, award this writ
frifi do NOT mistake there a-e evidences in thh
81 t 10Y. IT, 2